Tulika Mohanty Vs Srikumar Shaktidatta Mohanty

This petition has been filed by the learned counsel appearing for the Petitioner under Section 24 (1)(a) of the Civil Procedure Code, 1908 for transfer of C.P. No.307 of 2023 filed under Section 12(1)(b) of the Hindu Marriage Act, 1955 by the Opposite Partyhusband, which is stated to be pending in the Court of the learned Judge, Family Court, Puri to the Court of the learned Judge, Family Court, Jagatsinghpur.

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Mr. Sourav Kumar Nathsharma, learned counsel appearing for the Petitioner submitted that the Petitioner-wife is residing at Jagatsinghpur and she is required to cover around 100 Kilo Meters from her residence to attend the Court proceeding, which is very inconvenient for her. Therefore, the aforesaid C.P. No.307 of 2023, which is stated to be pending in the Court of the learned Judge, Family Court, Puri requires to be transferred to the Court of the learned Judge, Family Court, Jagatsinghpur for convenience.

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Mr. Debasish Panigrahi, learned counsel for the Opposite

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party-husband objecting to such contention of the learned counsel appearing for the Petitioner has drawn attention of this Court to the following alternative prayer contained in the transfer petition:-

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“Or, in the alternative to be pleased to this Hon’ble Court to direct to opposite party no.2 to provide necessary conveyance fees to the present Petitioner, so that she can attend the Court and depose her evidence in Civil Proceeding No.307 of 2023 pending in the Court of the learned Judge, Family Court, Puri.”

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4.1. He submitted that the Opposite Party is ready and willing to bear the conveyance costs of the Petitioner for attending the Court of the learned Judge, Family Court, Puri.

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Heard learned counsel for the parties. Perusal of petition shows that the Petitioner seeks transfer of Civil Proceeding No.307 of 2023 filed under Section 12 of the Hindu Marriage Act, 1955 before the Court of the learned Judge, Family Court, Puri to the Court of the learned District and Sessions Judge, Jagatsinghpur on two grounds:-

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“1. She resides in the district of Jagatsingpur.

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2. She is required to travel around 100km to attend the Court at Puri.”

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Considering the contention, this Court declines to entertain this application for transfer, which is, therefore, dismissed and it needs to be observed, as stated by learned counsel for the Opposite Parties that the husband is ready to bear the conveyance cost. It is deemed appropriate to grant liberty to the Petitioner to approach the Court concerned for granting appropriate relief in this regard. It will be also open to the petitioners to seek permission of the

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Court concerned to appear through virtual mode. In the event such a prayer is made, the Court concerned shall not insist upon the personal attendance of the petitioner unless absolutely necessary. If the circumstances so justify, it is open for the Court concerned to determine the costs of conveyance as prayed by the petitioner.

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With the aforesaid observation, this TRP(C) stands disposed of with liberty and interim order dated 07.03.2025 passed by this Court stands vacated.

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Registry is instructed to communicate the copy of this order to the Court of the learned Judge, Family Court, Puri forthwith.

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(M.S. Raman) Judge

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Suchitra

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2025 11:31:48

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Tulika Mohanty v. Srikumar Shaktidatta Mohanty

Case brief

What is this about?

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Tulika Mohanty v. Srikumar Shaktidatta Mohanty

Case brief

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